Relatórios de Missão

Report of the Promotion Mission to the Republic of Ghana 29 September - 02 October 2025

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REPORT OF THE PROMOTION MISSION TO THE REPUBLIC OF GHANA BY HONOURABLE COMMISSIONER JANET RAMATOULIE SALLAHNJIE (Vice-Chairperson of the Commission; Commissioner responsible for the promotion of human rights in Ghana; Special Rapporteur on the Rights of Women in Africa) HONOURABLE COMMISSIONER SOLOMON AYELE DERSSO (Chairperson, Working Group on Extractive Industries, Environment and Human Rights Violations in Africa) HONOURABLE COMMISSIONER HATEM ESSAIEM (Chairperson, Committee for the Prevention of Torture in Africa) HONOURABLE COMMISSIONER MARIA TERESA MANUELA (Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa) HONOURABLE COMMISSIONER MUDFORD ZACHARIAH MWANDENGA (Chairperson, Working Group on Economic, Social and Cultural Rights) 29 SEPTEMBER TO 02 OCTOBER 2025 1|Page
TABLE OF CONTENTS ACKNOWLEDGMENTS EXECUTIVE SUMMARY 1.0 INTRODUCTION 1.1 1.2 1.3 1.4 1.5 Composition of the Delegation Terms of Reference Previous Engagements between the Commission and Ghana Country Profile Methodology 2.0 FINDINGS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 Legislative and other measures to implement the provisions of the African Charter The right to life The prohibition and prevention of torture Prisons, conditions of detention, and the Police Access to justice and the Rule of Law Freedom of expression and access to information Civil Society and Human Rights Defenders Refugees, Asylum Seekers, Migrants, and IDPs The right to participate freely in Government The right to employment The right to health The right to education The rights of women The rights of children Persons with disabilities Older persons Indigenous Populations and Minority Groups Extractive Industries and Environment 3.0 RECOMMENDATIONS 2|Page
I. ACRONYMS AND ABBREVIATIONS ACHPR CHRAJ CSO FGM GBV HIV LGBTI MDA MCA MP NHIS NPM OPCAT PWD SRH UPR UNCT UNDP UNFPA UNICEF UNODC - African Commission on Human and Peoples' Rights - Commission on Human Rights and Administrative Justice (Ghana) - Civil Society Organisation - Female Genital Mutilation - Gender-Based Violence - Human Immunodeficiency Virus - Lesbian, Gay, Bisexual, Transgender, and Intersex - Ministry, Department, or Agency - Mining Compliance Authority - Member of Parliament - National Health Insurance Scheme (Ghana) - National Preventive Mechanism (under OPCAT) - Optional Protocol to the Convention against Torture - Person with Disabilities - Sexual and Reproductive Health - Universal Periodic Review - United Nations Country Team (Ghana) - United Nations Development Programme - United Nations Population Fund - United Nations Children's Fund - United Nations Office on Drugs and Crime 3|Page
ACKNOWLEDGEMENTS The African Commission on Human and Peoples' Rights (the Commission) expresses its profound gratitude to the Government of the Republic of Ghana for authorizing and facilitating the Promotion Mission, and for placing the facilities, support, and personnel at the Delegation's disposal that ensured its success. Particular appreciation is extended to the Minister for Foreign Affairs and Regional Integration, Honourable Samuel Okudzeto Ablakwa (MP), for graciously receiving the Delegation upon his return and for the constructive debriefing during which the commitment to sign the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG) was made and subsequently fulfilled. The Commission is equally grateful to the Deputy Minister of Foreign Affairs, Honourable James Gyakye Quayson, for formally receiving the Delegation on behalf of the Minister at the outset of the mission, and to his Esteemed colleagues for the exemplary coordination throughout the visit. The Commission further extends its gratitude to the Honourable Ministers, Members of Parliament, the Judiciary, the Commission on Human Rights and Administrative Justice (CHRAJ), independent oversight institutions, Civil Society Organisations (CSOs), media representatives, international organisations, and individuals who engaged candidly with the Delegation. The Commission is especially grateful to the management and staff of Nsawam Medium Security Prison, the Female Nsawam Prison, and the Osu Children’s Home for facilitating site visits and open exchanges. The hospitality and constructive spirit demonstrated during the visits are warmly acknowledged. The Commission looks forward to continued engagement with all stakeholders in Ghana to advance human and peoples’ rights. 4|Page
EXECUTIVE SUMMARY Pursuant to Article 45(1) of the African Charter on Human and Peoples’ Rights (the African Charter) and Rule 76(1) of its Rules of Procedure (2020), the Commission undertook a four-day Promotion Mission to the Republic of Ghana from 29 September to 02 October 2025, authorized by the Government of Ghana and led by Honourable Commissioner Janet Ramatoulie Sallah-Njie (Vice-Chairperson of the Commission; Country Rapporteur for Ghana and Special Rapporteur on the Rights of Women in Africa). The Delegation included Honourable Commissioner Solomon Ayele Dersso (Chairperson, Working Group on Extractive Industries, Environment and Human Rights Violations in Africa); Honourable Commissioner Hatem Essaiem (Chairperson, Committee for the Prevention of Torture in Africa); Honourable Commissioner Maria Teresa Manuela (Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa); and Honourable Commissioner Mudford Zachariah Mwandenga (Chairperson, Working Group on Economic, Social and Cultural Rights in Africa). The Mission’s objectives were publicly announced by the Commission in advance of the Mission, and a concluding press statement was issued at the end of the visit. The Delegation met a broad range of counterparts, including: Government Ministers and senior officials; the Speaker and Members of Parliament; the Judiciary; the CHRAJ; CSOs; the media; the United Nations Country Team and development partners. In addition, the Delegation visited the Nsawam Medium Security Prison, the Female Nsawam Prison, and the Osu Children’s Home. Positive developments observed include: a progressive and robust domestic legal framework surpassing regional standards in many areas; pragmatic justice sector reforms aimed at reducing pre-trial detention; proactive security sector modernization and accountability initiatives; exemplary rehabilitation and social protection programs, including within prisons; dedicated institutional mechanisms for vulnerable groups; and a renewed high-level commitment to engage with the African human rights system, including a commitment on the submission of overdue State Reports to the Commission and ratification of key AU human rights instruments. Key concerns include: a 24-year delay in submitting State Reports under Article 62 of the African Charter; non-ratification of key AU human rights instruments; severe prison overcrowding and inconsistent conditions of detention; inadequate police accountability and oversight mechanisms; the environmental, public health, and human rights challenges caused by illegal mining (galamsey); a critical implementation deficit in women’s rights and gender-based violence response, including a lack of operational State shelters; the marginalization of persons with disabilities and older persons;; and the absence of specific legislation criminalizing torture and establishment of a National Preventive Mechanism. The situation of widespread illegal mining, the aforementioned galamsey, has escalated beyond an environmental issue into a full-scale human rights emergency, with devastating multi-sectoral impacts, a fact corroborated by all major stakeholders. 5|Page
The report sets out targeted recommendations. These include, inter alia,: to fulfill all overdue reporting obligations and ratify outstanding instruments; expedite justice and detention reforms, including passing the Community Sentencing Bill and legislation criminalizing torture; operationalize robust and independent police oversight; launch a multi-sectoral response to the galamsey crisis; translate gender laws into tangible safety and representation outcomes; eradicate harmful practices like Trokosi; guarantee inclusion and accessibility for persons with disabilities; and uphold civic space and the rights to freedom of expression and peaceful assembly. 6|Page
1.0 INTRODUCTION 1.1 Composition of the Delegation 1. The Commission's Delegation comprised the following:  Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson of the Commission, Commissioner responsible for the promotion of human rights in the Republic of Ghana, and Special Rapporteur on the Rights of Women in Africa (Head of the Delegation).  Honourable Commissioner Solomon Ayele Dersso, Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa.  Honourable Commissioner Hatem Essaiem, Chairperson of the Committee for the Prevention of Torture in Africa.  Honourable Commissioner Maria Teresa Manuela, Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa.  Honourable Commissioner Mudford Zachariah Mwandenga, Chairperson of the Working Group on Economic, Social and Cultural Rights. 2. The Mission was supported by staff from the Commission’s Secretariat: Mrs. Irene Desiree Mbengue, Senior Legal Officer; and Ms. Eva Heza, Legal Officer. 1.2 Terms of Reference 3. During the Promotion Mission to the Republic of Ghana, the Terms of Reference for the Mission were to: i. ii. iii. iv. v. vi. Promote the African Charter and other regional and international human rights instruments, as well as soft law standards and guidelines adopted by the Commission; Advocate for the ratification of outstanding regional and international human rights instruments that have not yet been ratified by the Republic of Ghana; Strengthen collaboration between the Commission and the authorities of the Republic of Ghana in relation to the promotion and protection of rights guaranteed under the African Charter and other relevant international instruments; Engage in dialogue with the Government of Ghana on legislative and other measures taken to implement the African Charter and other ratified instruments; Raise awareness and visibility of the Commission's mandate and work, especially among relevant Government departments, national institutions, and CSOs; Exchange views and gather information on the exercise and protection of the right to freedom of expression and access to information in Ghana;
vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. Gather relevant information on the situation of vulnerable groups in Ghana, including: women, children, asylum seekers, refugees, internally displaced persons, migrants, older persons, persons with disabilities, persons in detention, indigenous populations/communities, minorities, and persons living with or affected by HIV/AIDS; Understand the level of enjoyment of economic, social, and cultural rights in Ghana, and assess the Government's efforts to fulfil this category of rights; Evaluate the impact of HIV/AIDS on the population, and the rights of people living with HIV/AIDS, those at risk, vulnerable, or affected, including progress made and existing challenges; Gather information on the implementation of the Robben Island Guidelines – the Commission's Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa; Engage with stakeholders on the role and impact of extractive industries in Ghana, including their environmental impact and implications for human rights protections; Gather information on the situation of human rights defenders and assess the challenges they face in the exercise of their rights and the conduct of their work; Meet with representatives of National Human Rights Institutions (NHRIs) and CSOs involved in human rights promotion and protection; Visit places of detention and hold discussions with prison authorities and other stakeholders on issues relating to detention conditions and prison administration; Visit other institutions or facilities that have a direct impact on the enjoyment of human rights in Ghana; Advocate for the timely submission of Periodic Reports to the Commission in accordance with Article 62 of the African Charter, and Article 26 of the Protocol to the African Charter on the Rights of Women in Africa (the Maputo Protocol); Follow up on recommendations made by the Commission in previous Concluding Observations and decisions relating to Ghana. 1.3 Previous Engagements between the Commission and Ghana 4. The mission, undertaken from 29 September to 02 October 2025, constitutes the second Promotion Mission of the Commission to the Republic of Ghana. The first Promotion Mission was undertaken by Commissioner Musa Ngary Bitaye, in his capacity as the Commissioner responsible for the human rights situation in Ghana and Chairperson of the Working Group on Indigenous Populations/Communities in Africa, from 01 to 05 September 2008. 5. The Republic of Ghana ratified the African Charter on 24 January 1989 and has submitted two Periodic Reports under Article 62 of the Charter: 6|Page
 The Initial Report, covering the period 1990–1992, was reviewed by the Commission during its 14th Ordinary Session in Addis Ababa, Ethiopia (02–16 May 2002).  The Second Periodic Report, covering the period 1993–2000, was reviewed during the Commission's 29th Ordinary Session in Tripoli, Libya (23 April – 07 May 2001). 6. Ghana has not submitted a subsequent Periodic Report since 2001, resulting in eleven (11) overdue reports to date. 7. Ghana ratified the Maputo Protocol on 13 June 2007; however, it has not submitted its Initial Report as required under Article 26 of the Protocol. 8. The Commission has finalized several Communications submitted against the Republic of Ghana. Notable among these is Communication 103/93: Alhassan Abubakar v. Ghana, in which the Commission found violations of Articles 6 (right to liberty) and 7(1)(d) (right to be tried within a reasonable time) of the African Charter. The decision, adopted at the 20th Ordinary Session in October 1996, urged the Government to take steps to repair the prejudice suffered by the victim. Other Communications were declared inadmissible or withdrawn. 1.4 Country Profile 9. The Republic of Ghana is a West African nation bordered by Côte d’Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south. The capital and largest city is Accra. With a land area of approximately 238,535 km², Ghana is home to a population of over 34 million people (2025 estimate), comprising diverse ethnic and linguistic groups. 10. Ghana is a unitary presidential constitutional democracy. The President, currently H.E. John Dramani Mahama, serves as both Head of State and Government, elected through a direct popular vote for a term of four years, renewable once. The President is assisted by a Vice President and a Cabinet of Ministers. 11. Legislative power is vested in the unicameral Parliament of Ghana, composed of 275 members elected from single-member constituencies. The current Parliament is led by the Speaker, Rt. Hon. Alban Kingsford Sumana Bagbin. 12. The Judiciary is independent, as guaranteed by the 1992 Constitution. It consists of the Supreme Court (the highest court), the Court of Appeal, the High Court, and various lower courts and tribunals, presided over by the Chief Justice. 13. Ghana is a lower-middle-income economy and a significant producer of gold, cocoa, and oil. The country demonstrates a strong commitment to democratic governance and human rights, often cited as a model of political stability in the 7|Page
region. Key human development indicators show progress, though challenges remain in areas such as economic inequality, rural development, and access to quality services. 1.5 Methodology 14. During the Mission, the Delegation of the Commission met with a wide range of stakeholders, including the following senior Government officials: i. ii. iii. iv. v. vi. Minister of Foreign Affairs; Deputy Minister of Foreign Affairs; Minister for the Interior; Minister of Gender, Children, and Social Protection; Deputy Attorney-General and Minister of Justice; Speaker of Parliament. 15. The Delegation also met with: i. ii. iii. iv. v. Senior officials from key Ministries, Departments, and Agencies (MDAs); The Judiciary and representatives of the Attorney-General's Department; The CHRAJ; The United Nations Country Team and other international development partners; A broad coalition of CSOs. 16. The Delegation also conducted visits to key institutions relevant for the promotion and protection of human rights in Ghana, including: i. ii. Nsawam Medium Security Prison and Female Nsawam Prison, where they engaged with both inmates and correctional staff to assess conditions of detention and rehabilitation programs; The Osu Children’s Home, to examine the status and care of vulnerable children. 17. The Mission concluded with a Press Conference, during which the Delegation presented its preliminary findings and recommendations and engaged with national and international media to raise public awareness of the Commission's mandate and the purpose of the visit. 8|Page
2 FINDINGS 19. During the Mission, which lasted four (4) days, the Delegation observed that its interactions with Government representatives, Parliament, independent institutions, civil society actors, and other stakeholders were extensive and constructive. These engagements allowed the Delegation to gather meaningful insights on the human rights situation in the Republic of Ghana. 20. The Delegation welcomed the high-level access and openness granted by the Government, and the substantive meetings held with some Ministers and heads of institutions. The commitment shown by officials to engage on key human rights matters was commendable. 21. In light of the above, the findings presented in this report are based solely on the interviews conducted, institutional visits undertaken, and documents accessed during the in-country phase of the Mission. 2.1. Legislative and Other Measures to Implement the Provisions of the African Charter 22. The Delegation received comprehensive information on the Constitutional and legislative framework of Ghana, which provides strong guarantees for civil, political, economic, social, and cultural rights. The 1992 Constitution of Ghana enshrines fundamental freedoms and justiciable principles. Authorities highlighted the existence of progressive national legislation, such as the Right to Information Act (2019), the Mental Health Act (2012), and the Disability Act (2007), which in many instances surpass regional standards. The adoption of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121), passed in July 2024 and assented to in September 2024, was cited as a landmark development. The Act mandates a minimum 30% female representation in key public, private, and political decision-making roles by 2026, to achieve 50% gender parity by 2030–2034. The ongoing development of a Community Sentencing Bill was also cited as evidence of Ghana's commitment to advancing its legal protections and aligning with human rights objectives. 23. The Delegation noted recent legislative initiatives and administrative measures designed to strengthen rights protections, including policy efforts to deploy body-worn cameras for police and the operationalization of a toll-free hotline for gender-based violence. 24. On the ratification of instruments, the Delegation expressed profound concern regarding Ghana's significant disengagement from the African human rights system. Despite ratifying the African Charter on 24 January 1989, Ghana has not submitted a Periodic Report under Article 62 for 24 years, resulting in eleven (11) overdue reports. Furthermore, Ghana has not ratified several key regional instruments, including 9|Page
a. the Protocol to the African Charter on the Rights of Older Persons in Africa; b. the Protocol to the African Charter on the Rights of Persons with Disabilities; c. the Protocol to the African Charter on Human and Peoples' Rights on the Rights to Social Protection and Social Security; and d. the African Union Convention on the Elimination of Violence Against Women and Girls. 25. The Delegation noted with concern that signed treaties are not transmitted by the Executive to Parliament for ratification, creating a critical bottleneck in the country's regional compliance. 26. In multiple meetings, stakeholders from CHRAJ, CSOs, amongst others, consistently stressed a critical gap: the weak implementation of Ghana's otherwise strong laws. They highlighted that a persistent implementation deficit critically undermines legal protections in practice. Key examples cited include the chronic underfunding and poor enforcement of the Domestic Violence Act, significant operational barriers to using the Right to Information Act (2019), and the continued absence of a standalone law criminalizing torture. The Delegation noted that this persistent implementation deficit critically undermines the practical impact and enforceability of otherwise progressive legislation. 27. The Delegation also took note of efforts made by the Government for human rights protection, notably through the establishment and work of independent institutions, including the CHRAJ. However, concerns were raised regarding the need for CHRAJ to be formally designated through legislation as the National Preventive Mechanism (NPM) under the UN Convention against Torture and its Optional Protocol (OPCAT) to strengthen its mandate for unannounced visits to all places of detention. 28. Regarding Parliament oversight for ratification and implementation of human rights treaties, the Delegation noted the existence of sectoral Parliamentary committees but stressed the need for enhanced oversight regarding human rights treaty implementation and ratification processes. 29. Finally, the Delegation underscored that periodic reporting is a cornerstone of constructive dialogue with the African Commission and a key means of demonstrating compliance with obligations under Article 62 of the Charter. It welcomed the commitment from the Ministry of Foreign Affairs and the Attorney-General’s Department to submit all overdue reports by the end of 2025 through a newly established inter-ministerial committee, but stressed the need for Ghana to institutionalize this process to ensure timely future compliance and to actively pursue the ratification of outstanding treaties. 10 | P a g e
2.2. The right to life 30. The Delegation underscored that the fundamental obligation to protect life underpins all other human rights. While no single, recent mass casualty event was the focus of discussion, the Mission identified systemic issues that directly threaten the enjoyment of the right to life in Ghana, requiring urgent State intervention. 31. The environmental and public health catastrophe caused by illegal mining (galamsey) emerged as the most acute threat. The Delegation heard consistent testimony that water bodies and farmland are systematically poisoned with heavy metals like mercury and cyanide. This contamination has led to documented cases of severe reproductive health failures, birth defects, and other life-threatening ailments in affected communities. The State’s failure to conduct public health impact assessments, provide clean water, or issue safety guidance constitutes a dereliction of its duty to protect life from prevalent environmental harm. 32. Furthermore, the Delegation noted that dangerous and negligent practices in sectors like construction and mining directly endanger lives. Reports of migrant workers being transported in open trucks alongside materials, leading to fatal accidents, highlight a disregard for safety that violates the right to life. 33. In the context of law enforcement and detention, while the Government cited a reduction in police brutality, the absence of a fully independent, transparent, and effective mechanism to investigate deaths in custody or from excessive use of force leaves a critical accountability gap. Allegations of such incidents, if not investigated promptly and impartially, erode the guarantee that the right to life is protected by law. 34. The Delegation acknowledged the Government's stated commitment to prison reform and decongestion, including the use of presidential amnesties. However, the severe and chronic overcrowding in prisons, with facilities like Nsawam operating at over 360% capacity, creates conditions that can lead to disease outbreaks, violence, and loss of life, thereby engaging the State’s protective obligations. 35. The Government’s commitment to a multi-sectoral approach to the galamsey crisis, as stated by the Minister for Foreign Affairs, is a necessary first step. However, the Delegation stresses that the right to life requires concrete, immediate, and sustained action to dismantle the criminal networks, provide emergency healthcare to affected populations, and restore safe living environments. 36. The Delegation also notes as a positive development the decision of the Parliament of Ghana in July 2023 to abolish the death penalty for ordinary 11 | P a g e
criminal offences, a significant step forward in the protection of the right to life. The Delegation further acknowledges that Ghana has maintained a moratorium on executions since 1993, and that successive Presidents have commuted death sentences to terms of imprisonment. 37. However, the Delegation remains deeply concerned that the death penalty has not been totally abolished in Ghana. The 1992 Constitution still retains capital punishment for high treason, and the Armed Forces Act (Act 105) continues to mandate the death penalty for certain military offences. This partial abolition leaves a legal framework where the death penalty remains a lawful sentence, creating ambiguity and violating the absolute protection of the right to life under Article 4 of the African Charter. 2.3. The prohibition and prevention of torture 38. The Delegation engaged with the Government, the CHRAJ, and civil society on the legal and institutional framework for preventing torture and ill-treatment. While Ghana has ratified the OPCAT, a critical legislative gap persists: the absence of a standalone law that explicitly defines and criminalizes torture in line with international standards. 39. Authorities, including the Attorney-General’s Department, described a policydriven approach to prevention, citing plans for body-worn cameras on police officers and cameras in interrogation rooms. However, stakeholders expressed that in the absence of a specific criminal provision, investigations into allegations of police brutality and ill-treatment rely on other, often lesser, charges, which fail to provide a strong deterrent or a clear legal basis for prosecution. This legal vacuum undermines the absolute prohibition of torture. 40. A significant institutional shortcoming is the lack of a formally designated National Preventive Mechanism (NPM). While CHRAJ functions as the de facto NPM, conducting visits to places of detention and utilizing the Commission’s Robben Island Guidelines, it lacks the formal legal mandate and guaranteed resources required for effective, unannounced inspections under OPCAT. CHRAJ informed the Delegation that legislation to grant it this formal status is pending. 41. The Delegation noted that the current mechanisms for receiving and investigating complaints against security forces, including the Police Standards Bureau, were described by stakeholders as insufficiently independent and transparent. This fuels perceptions of impunity for acts of ill-treatment. The planned establishment of an Independent Police Complaint Committee by January 2026 presents an opportunity to address this, provided it is granted full operational independence, adequate resources, and a transparent mandate. 42. The Delegation concluded that despite policy statements and the proactive 12 | P a g e
efforts of CHRAJ, the framework for prohibiting and preventing torture remains fundamentally weak due to the lack of explicit criminalization and a legally empowered, independent NPM. This leaves individuals in custody vulnerable to violations of their physical and mental integrity. 2.4. Prisons, conditions of detention, and the Police 43. The Delegation visited the Nsawam Medium Security and Female Prisons, engaging with officials and inmates. It observed a stark duality within the penitentiary system. The Nsawam facility serves as a commendable model of rehabilitation, offering inmates access to education up to the tertiary level, vocational training, computer literacy, and full medical coverage under the National Health Insurance Scheme (NHIS). Initiatives to increase the daily feeding allowance and launch agricultural projects were noted as tangible efforts to uphold the dignity of persons deprived of liberty. 44. However, the Minister for the Interior confirmed that this model is not the national standard. He stated that other prisons present "a more worrying situation" and often lack educational programs, highlighting a severe disparity in conditions and rehabilitation opportunities across the prison estate. The Delegation noted that this model is in sharp contrast to the systemic and severe overcrowding plaguing the system. The Minister confirmed that Ghana’s 48 prisons, with a total capacity of 8,500, currently hold approximately 14,000 inmates. Nsawam itself operates at over 300% of its intended capacity. This extreme overcrowding exacerbates risks of disease and violence and undermines rehabilitation. 45. The Delegation identified the delayed passage of the Community Sentencing Bill as a primary legislative failure directly contributing to the crisis. The Minister cited this Bill as a key alternative to reduce overcrowding. The Government’s reliance on measures like a presidential amnesty for nearly 1,000 first-time offenders, while providing temporary relief, is no substitute for a permanent, rights-based sentencing framework. 46. On policing, the Delegation noted the Government’s modernization agenda, including investments in a national police command center and specialized units for cybercrime and domestic violence, as cited by the Minister. Regarding accountability, the Minister critically assessed the current Police Standards Bureau, where police investigate themselves, stating his dissatisfaction and that officers often are not punished. He affirmed the plan to establish an Independent Police Complaints Commission. 47. Concerning the policing of assemblies, the Minister defended the notification requirement under the Public Order Act and authorized the use of force for officer self-defence. While stating that "police brutality doesn’t exist," his emphasis on a right to self-defence, without equal stress on de-escalation and proportionality, underscores the need for the standardized, continuous human 13 | P a g e
rights training, as highlighted by the Delegation. The Ministry’s policy of “no promotion without training” is a positive step, but its curriculum on de-escalation and the lawful use of force must be robust and mandatory. 48. In conclusion, while isolated examples of good practice exist, the penitentiary and law enforcement systems are undermined by structural deficiencies confirmed at the highest level: severe overcrowding, inconsistent rehabilitation, inadequate oversight, and a training gap. Urgent reforms are required to expand the Nsawam model nationally, pass the Community Sentencing Bill, operationalize the Independent Police Complaints body, and implement effective human rights training to ensure accountability and adherence to human rights standards. 2.5. Access to justice and the Rule of Law 49. In its meetings with the Attorney-General's Department, and civil society representatives, the Delegation received extensive information on the challenges and reforms within Ghana’s justice system. Stakeholders, particularly, in the technical meeting with MDAs, acknowledged pragmatic reforms but highlighted profound systemic weaknesses that hinder effective access to justice. 50. The Delegation commended measures that have demonstrably reduced pretrial detention, notably the Plea-Bargaining Act (1079) and the landmark 2015 Supreme Court ruling making all offences bailable, as highlighted by the Attorney-General’s Department. Operational initiatives like the “Justice for All” roving court program, which adjudicates cases within prisons, were also cited as effective tools for clearing backlogs. The presidential amnesty that led to the release of 787 first-time offenders was presented as evidence of a commitment to decongestion. 51. However, the Delegation, through its meeting with CHRAJ and CSOs, identified a critical implementation deficit. Despite these legal tools, courts were reported to overly rely on remand detention, even for minor offences, contributing to the severe overcrowding. The legal aid system was described as under-resourced, often leaving indigent and foreign detainees without effective representation, a point raised repeatedly by CSOs. 52. The Ministry of Justice, in its engagement with the Delegation, demonstrated operational independence and a willingness to reference international and comparative human rights jurisprudence. Nevertheless, concerns were raised about the need for greater financial and administrative autonomy from the Executive branch, as well as more transparent processes for judicial appointments, to further insulate the courts from any perceived political influence. 14 | P a g e
53. A significant barrier identified in discussions with CSOs and media representatives is the uneven implementation of the Right to Information Act (2019). Stakeholders reported that requests for public information are frequently delayed or denied on broad grounds, restricting transparency and the ability of citizens to seek redress or hold institutions accountable. 54. The Delegation concluded that Ghana has instituted important procedural reforms, but their impact is diluted by inconsistent application, resource constraints, and persistent institutional habits. To consolidate the rule of law, reforms must move beyond policy to ensure consistent practice: guaranteeing the right to bail as the norm, strengthening legal aid, fully operationalizing the right to information, and safeguarding the judiciary’s functional independence. 2.6. Freedom of expression and access to information 55. The Delegation engaged with CSOs, media representatives, and the Minister for Foreign Affairs on the state of freedom of expression and access to information. The constitutional guarantees and the progressive Right to Information Act (2019) provide a strong legal foundation for these rights. 56. Regarding media freedom, the Minister for Foreign Affairs addressed a recent regulatory review that led to the temporary closure of some media houses, stating that Presidential intervention had ensured their reopening. Nevertheless, CSOs highlighted a landscape where many media outlets exhibit strong partisan affiliations, which can limit balanced coverage and equitable access for opposition voices, undermining pluralistic public debate. 57. The implementation of the Right to Information Act (2019) was a repeated concern. Stakeholders reported that in practice, requests for public information are frequently delayed or denied on broad grounds such as “confidentiality,” limiting transparency and public scrutiny of government action, including in sensitive areas like extractive industry governance. 58. The Delegation also received alarming testimony from CSOs regarding the severe discrimination, harassment, and climate of fear faced by LGBTI persons, exacerbated by a pending legislative bill proposing harsh penalties. This environment severely inhibits the freedom of expression and association of this group. 59. While the overall civic space was described by the UN team as remaining largely open, they noted a clear concerning trend regarding the security forces' response to free speech and public demonstrations. This, coupled with an identified need for more responsible and specialized journalism training, points to a creeping constriction that requires vigilance to ensure the operational environment for expression and assembly does not deteriorate further. 15 | P a g e
60. In conclusion, while the legal framework for free expression and access to information is robust, its enforcement and the broader operational environment for civic activity are under strain. Ensuring these rights in practice requires not only the neutral application of laws like the Public Order Act and the Right to Information Act but also active measures to foster media pluralism and protect all persons from discrimination and harassment for exercising their fundamental freedoms. 2.7. Civil Society and Human Rights Defenders 61. The Delegation held a substantive and critical meeting with a broad coalition of Ghanaian CSOs, including ABANTU For Development, the Network for Women’s Rights (Netright), and Women in Law and Development in Africa (WiLDAF). The engagement demonstrated that CSOs in Ghana are highly organized, strategically adept, and play an indispensable role in monitoring Government accountability, engaging in strategic litigation, and advocating for human rights. 62. Positive developments observed include the CSOs’ proactive preparation of an Alternative Report for the Commission, their active participation in international mechanisms like the UN Universal Periodic Review (UPR), and their collaborative initiatives with the State, such as developing a Toolkit on Child Marriage with the Ministry of Gender, Children, and Social Protection. Their willingness to propose constructive solutions, such as rebranding “witch camps” as “old age shelters,” reflects a commitment to pragmatic engagement. 63. Regarding civic space, stakeholders—particularly in the meeting with CSOs— acknowledged the existing legal requirement under the Public Order Act, which mandates organizers to notify police five days in advance of a demonstration. While concerns were raised that this provision could potentially be applied in a manner that restricts assemblies, the Delegation did not receive reports of widespread arrests or detentions in connection with the exercise of the right to peaceful protest. It is also worth noting that, in at least one significant instance concerning the galamsey issue, the Government organized a meeting with relevant CSOs and other stakeholders to engage in constructive dialogue, indicating a willingness to engage on matters of public concern. 64. The Delegation’s meeting with CHRAJ revealed a structured mechanism for State-CSO collaboration through a standing NGO forum. However, CSOs themselves indicated that the lack of a single umbrella body for CSOs leads to fragmented advocacy and coordination challenges. They also emphasized that their detailed research and advocacy, particularly on crises like galamsey, often do not translate into concrete State action, pointing to a gap between policy dialogue and implementation. 16 | P a g e
65. The Delegation concluded that Ghana’s civil society is a resilient pillar of its democracy but operates under significant pressure. To function effectively as partners in governance, CSOs require a more enabling environment: protection from intimidation, systematic inclusion in policy formulation, and the translation of their evidence-based advocacy into tangible State responses. The Government’s engagement with the CSO coalition during this Mission should be institutionalized as a standard practice. 2.8. Refugees, Asylum Seekers, Migrants, and Internally Displaced Persons 66. The issue of refugees, asylum seekers, and migrants was addressed in the Delegation’s engagements with the Ghana Immigration Service and relevant Ministries, though it was not a primary focus of stakeholder testimony during the Mission. The Delegation acknowledged the need for more detailed information on the specific legal and operational framework governing these groups in Ghana. 67. The Delegation noted that while Ghana hosts a refugee population and is party to the 1951 Refugee Convention, the domestication and implementation of a national asylum framework require further assessment to ensure it aligns with international standards regarding refugee status determination, protection, and assistance. 68. Concerning migrant workers, the Delegation received troubling, albeit general, accounts of exploitation in sectors like construction, including dangerous working and transport conditions. The systemic vulnerabilities of migrant workers, particularly those in irregular situations, warrant closer scrutiny to ensure they are protected from labor exploitation and trafficking, and have access to effective complaint and redress mechanisms, in line with Ghana’s international obligations. 69. The Delegation concluded that a comprehensive evaluation of Ghana’s compliance with its obligations towards refugees, asylum seekers, and migrants under the African Charter and other instruments would benefit from a more focused assessment in the future. The Government is encouraged to ensure its policies and practices afford full protection to the rights of all persons within its territory, irrespective of their nationality or status. 70. On Internally Displaced Persons (IDPs), while Ghana has not experienced large-scale displacement due to armed conflict, the Delegation identified several drivers that have resulted or risk resulting in internal displacement. These include: environmental destruction and land contamination from galamsey, which has rendered farmlands and water sources unusable and forced farming communities to abandon their homes; localized conflicts over 17 | P a g e
land and resources in the northern regions; and the practice of banishing women accused of witchcraft to isolated "camps", which constitutes a form of internal displacement based on persecution. 71. The Delegation did not receive systematic data on the number of persons internally displaced within Ghana. However, the absence of a national legal and policy framework on internal displacement—including the nonratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)—leaves affected persons without recognition, protection, or tailored assistance. The Delegation encourages the Government to assess the scale of displacement caused by environmental degradation and communal conflicts, and to consider developing a national response framework aligned with the Kampala Convention's principles, even pending ratification. 2.9. The right to participate freely in Government 72. The Delegation received detailed briefings from the Speaker of Parliament, the Minister for Foreign Affairs, and CSOs on Ghana's democratic processes. Ghana was commended for its sustained record of peaceful democratic transitions and electoral stability, which are fundamental to the right to political participation. 73. However, the Delegation identified significant barriers to inclusive and equitable participation. A paramount concern, raised consistently by CSOs and affirmed in meetings with State officials, is the severe underrepresentation of women in elected and appointed office. Despite the passage of the Affirmative Action (Gender Equality) Act, women hold less than 30% of parliamentary seats and only 2 out of 27 cabinet minister positions. 74. The Minister for Foreign Affairs argued that a broader view of appointees beyond the cabinet shows progress, but this does not negate the stark deficit in the highest decision-making bodies. CSOs further alleged a lack of political will to fully implement the Act, including the failure to establish its mandated implementing authority. 75. The Delegation also noted concerns about the partisan nature of media ownership, which can restrict fair access and visibility for opposition and alternative political voices during elections, potentially affecting the informed choice of the electorate. 76. Furthermore, while the Public Order Act provides a legal framework for assemblies, its application—as it relates to political demonstrations and protests—was cited by CSOs as sometimes restrictive, potentially impacting the ability to engage in public political discourse freely. 18 | P a g e
77. The Delegation concluded that while Ghana's democratic infrastructure is robust, structural and cultural barriers impede the full and equal right to participate. Achieving genuine political equality requires not only laws like the Affirmative Action Act but their vigorous enforcement, proactive measures to ensure media pluralism, and a guarantee that the regulation of public assemblies does not inadvertently stifle political expression and organization. 2.10. The right to employment 78. The Delegation noted the existence of a legal framework governing labour, including the Labour Act, 2003 (Act 651) and the work of the National Labour Commission. Engagement with the Ministry of Employment and Labour Relations highlighted national policies aimed at skills development and job creation. 79. A critical concern identified across multiple stakeholder meetings is persistently high youth unemployment, which drives economic vulnerability and social marginalization. This challenge is starkly embodied in the plight of Kayayei (female head porters), predominantly young women and girls from the northern regions, whose situation was raised by CSOs and the Ministry of Gender. These individuals migrate to urban centres, facing exploitation, hazardous working conditions, homelessness, and a lack of viable economic alternatives, indicating a failure of social protection and employment policies to reach the most vulnerable. 80. Furthermore, the environmental destruction caused by illegal mining (galamsey) has devastated traditional agricultural livelihoods, particularly cocoa farming. This has created a paradoxical employment crisis where the loss of formal and sustainable work pushes individuals, including children, into the exploitative and hazardous informal mining sector, as reported by CHRAJ and CSOs. 81. Regarding migrant workers, while laws exist to protect labour rights, the Delegation heard reports of exploitative practices in sectors like construction and domestic work, including non-payment of wages and dangerous working conditions. This suggests a gap in monitoring and enforcement to ensure all workers enjoy the right to just and favourable conditions of work, regardless of origin. 82. The Delegation concluded that the enjoyment of the right to work in Ghana is undermined by structural economic inequalities, environmental degradation destroying livelihoods, and inadequate enforcement of labour protections. Targeted measures are required to create sustainable youth employment, provide social and economic alternatives for the Kayayei, restore agricultural lands, and rigorously inspect workplaces to prevent the exploitation of all workers 19 | P a g e
2.11. The right to health 83. The Delegation acknowledged Ghana’s significant commitment to the right to health through its National Health Insurance Scheme (NHIS) and the recent “Mahama Care” initiative to ensure access to critical medicines. These policies demonstrate an intent to provide universal health coverage, and it was noted with appreciation that inmates at Nsawam Prison have full access to the NHIS. 84. However, the Mission identified profound systemic failures. A severe treatment gap plagues maternal healthcare, with UNFPA reporting an estimated 1,300 new obstetric fistula cases annually, against a surgical capacity to treat only 60-100 cases, indicating a concerning neglect of women’s reproductive health. Furthermore, it was noted that pervasive stigma severely undermines public health, as CSOs and UN data confirm that 8 out of 10 Ghanaians hold discriminatory attitudes towards people living with HIV. This stigma disproportionately affects women, who comprise two-thirds of the 330,000 people living with HIV in Ghana, creating a social environment that discourages testing, treatment, and disclosure. 85. These pre-existing gaps are now overshadowed by a severe and escalating public health situation directly linked to illegal mining (galamsey). Testimony from CSOs provided alarming evidence that the contamination of water bodies and farmland with heavy metals like mercury has led to a reproductive health crisis in affected communities, including uterine infections and birth defects. The State’s failure to conduct and publish independent health impact assessments, provide clean water, or issue public health guidance in these zones constitutes a major dereliction of its core obligation to ensure the highest attainable standard of health. 86. While the Government offers harm-reduction programs and has integrated health services within the prison system, these positive measures are rendered marginal by the scale of the environmental health emergency. The Delegation concluded that without immediate and decisive action to address the root causes of the galamsey-induced health crisis, Ghana’s broader commitments to the right to health will be fundamentally compromised. Protecting health requires protecting the environment, and the State’s obligations under Article 16 of the African Charter are inextricably linked to its duties under Article 24. 2.12. The right to education 87. The Delegation commended Ghana’s policy of free compulsory universal basic education and its recent expansion of free secondary education, which demonstrates a strong commitment to the right to education as reflected in the African Charter. The Ministry of Education’s policy allowing pregnant girls to return to school is a crucial step towards non-discrimination and inclusion. 20 | P a g e
88. However, the Delegation identified a direct and severe threat to this right emerging from the galamsey crisis. Testimony from CSOs and State agencies indicated alarmingly high school dropout rates in mining-affected communities. Children are being lured away from classrooms by the immediate economic gains of artisanal mining, exposing them to hazardous labour and jeopardizing the future of an entire generation. This represents a systemic failure to protect children’s right to education and development. 89. Furthermore, while the vocational and academic programs at Nsawam Prison were highlighted as a positive model for rehabilitation, the Delegation noted that such educational opportunities are not consistently available across all detention facilities, limiting the rehabilitative potential of the correctional system. 90. The structural challenges within the education system are of a significant scale, with UN agencies reporting that an estimated 2 million children remain out of school. For those who are enrolled, quality is a major concern, as 50% are not achieving foundational learning levels. This crisis in access and outcomes is compounded by a heavy reliance on non-State providers, with faith-based organizations delivering approximately 40% of education services, presenting unique challenges for standardization and equitable quality assurance. 91. The Delegation also acknowledged ongoing challenges, including cultural resistance to comprehensive sexual and reproductive health education in schools and regional disparities in resource allocation and educational quality, which can affect equitable access. 92. The Delegation acknowledged the Government of Ghana's transformative policy of Free Secondary Education, which has significantly expanded access to learning and represents a commendable commitment to fulfilling the right to education. This progress, however, is increasingly threatened by the socioeconomic impacts of galamsey, which continue to disrupt the education of children in affected communities. The Delegation therefore concluded that protecting the right to education in these areas requires urgent and targeted interventions—such as scholarship programs, school feeding initiatives, and awareness campaigns to reintegrate children into the school system—alongside continued efforts to improve inclusivity and quality across the country. 2.13. The rights of women 93. The Delegation commended the Government of Ghana for its strong normative commitment to women's rights, evidenced by the robust legal and policy frameworks in place. Notably, the Minister for Foreign Affairs personally assured the Delegation of Ghana's dedication to gender equality during their debriefing. However, discussions with the Ministry of Gender, Children and 21 | P a g e
Social Protection, CSOs, and other stakeholders revealed a more complex reality on the ground. The Delegation concluded that while the legal architecture is largely sound, its effectiveness is systematically undermined by inadequate implementation, deeply entrenched cultural norms, and intersecting socio-economic crises. Bridging this gap between policy and practice remains the central challenge to the full realisation of women's rights in Ghana. 94. The Delegation acknowledged significant legislative and policy advancements, including the Domestic Violence Act (2007), the Affirmative Action (Gender Equality) Act, the criminalization of Female Genital Mutilation (FGM), and the national policy allowing pregnant girls to continue their education. Institutional mechanisms such as the toll-free GBV hotline and specialized gender-based violence courts represent important commitments to addressing violence against women. 95. However, a profound implementation deficit threatens to render these advances meaningless. A paramount concern is the critical lack of State-funded shelters for survivors of domestic violence and gender-based violence. Despite legal mandates and even plans to construct shelters, CSOs reported that no State shelter is currently operational due to the non-release of allocated funds. This failure leaves women and girls in immediate danger with no avenue for safe refuge or recovery, directly contravening the State’s duty to protect. 96. Furthermore, harmful traditional practices persist with widespread impunity, illustrating the gap between law and practice. The Delegation received detailed testimony on:  The Trokosi system, a practice of ritual servitude where girls and women are pledged to shrines, continues despite its criminalization in 1998. Efforts to eradicate it are hampered by cultural realities and insufficient victim reintegration programs.  Witchcraft accusations against older women, particularly in the northern regions, have led to banishment, assault, and murder. The stalling of the Criminal Offences (Amendment) Bill, 2023, also known as the Anti-Witchcraft Bill, in Parliament, signals a lack of political will to confront this form of gender-based terror.  The ongoing practice of FGM, including cross-border circumcision to evade law enforcement, highlights weaknesses in border monitoring and community-level enforcement. 97. In addition, the Delegation noted that political and economic marginalization remains a structural barrier to equality, as women hold less than 15% of parliamentary seats and only 2 out of 27 Cabinet minister positions. While the Minister for Foreign Affairs pointed to broader appointment figures, true decision-making power remains concentrated in male hands, whereas the implementing authority for the Affirmative Action Act has not been established. Economically, women are overrepresented in the informal, 22 | P a g e
unprotected sector. The plight of the Kayayei—young women and girls from the north facing exploitation, homelessness, and sexual violence in urban centers epitomizes the State’s failure to provide social protection and economic alternatives for its most vulnerable women. 98. The Delegation also noted that the intersection of gender with environmental and health crises exacerbates vulnerabilities. The galamsey disaster disproportionately impacts women: it destroys livelihoods, contaminates water sources, leading to severe reproductive health issues, and increases women’s and girls’ exposure to sexual exploitation in mining communities. Furthermore, stigma in healthcare, particularly against women living with HIV, severely restricts their access to treatment and support services. 99. Statistical evidence from UN agencies underscores the severe implementation gap in protecting women and girls. Thirty-three percent of women aged 14-29 have experienced physical or sexual violence, and child marriage persists at a rate of 19%, demonstrating the stark disconnect between protective laws and lived reality. These vulnerabilities are exacerbated by a significant reduction in sexual and reproductive health services, following the cessation of major external funding, which has left a critical gap in family planning access. 100. The Delegation concluded that while Ghana has commendably constructed a legal edifice for women’s rights, it has neglected to build the essential infrastructure of protection, political power, and economic justice necessary for those rights to be realized. Without urgent action to fund shelters, eradicate harmful practices with serious law enforcement, enforce political quotas, and address the gendered impacts of national crises, the promise of equality will remain unfulfilled for the women and girls of Ghana. 2.14. The rights of children 101. The Delegation’s engagements with the Ministry of Gender, Children and Social Protection, the Ministry of Education, and CSOs revealed that while Ghana has established foundational legal and policy instruments to protect children, the convergence of poverty, environmental degradation, and weak enforcement has created severe and specific threats to the rights and well-being of children across the country. 102. The Delegation acknowledged positive measures, including the Children’s Act (Act 560) of 1998 (as amended), the establishment of a National Council for Children, and the policy allowing pregnant girls to remain in school. The visit to the Osu Children’s Home provided an example of institutional care for vulnerable children. The existence of a free 3-digit children’s helpline since 2021 is a commendable step toward creating accessible reporting mechanisms. 23 | P a g e
103. However, the galamsey crisis has emerged as the single greatest threat to children’s rights in affected communities. Testimony from CSOs and State agencies confirmed an alarming surge in school dropout rates as children are drawn into hazardous artisanal mining labour. This not only violates their right to education but also exposes them to immediate physical danger, toxic chemical poisoning (including from mercury and cyanide), and exploitation. These children are effectively being robbed of their childhood, health, and future, in violation of the best interests principle under the African Charter on the Rights and Welfare of the Child. 104. Furthermore, the galamsey zones have been identified as hotspots for child trafficking and commercial sexual exploitation. The breakdown of social structures and economic desperation in these areas makes children uniquely vulnerable to being trafficked for labour or sexual purposes, a situation requiring urgent and targeted law enforcement and child protection interventions. 105. Beyond the mining crisis, significant gaps persist. The Delegation noted a critical lack of tailored, age-appropriate sexual and reproductive health (SRH) education and services for adolescents, contributing to high rates of teenage pregnancy and vulnerability. Harmful practices such as child marriage and FGM continue in certain regions, with reports of cross-border FGM evading national law enforcement. 106. For children in conflict with the law, rehabilitation opportunities are limited. Juvenile detention facilities are under-resourced, and diversion programs are not consistently available, focusing on punishment over rehabilitation and reintegration, contrary to international juvenile justice standards. 107. The Delegation also highlighted the severe discrimination and lack of support for children with disabilities. Data on this group is scarce, and they often lack access to inclusive education, healthcare, and social services, facing compounded marginalization. 108. Emerging and complex threats to children’s safety and development are becoming increasingly prevalent. UN partners highlight worrying trends, including the rise of online crimes and trafficking, violence in schools linked to small arms, and widespread micronutrient deficiencies. These issues, alongside the well-documented crises of child labour in mining and high dropout rates, indicate a multi-frontal assault on children’s rights that demands a coordinated and robust child protection response beyond traditional interventions. 109. In conclusion, the protection of children’s rights in Ghana is at a crossroads. While legal frameworks exist, they are being overwhelmed by the socioeconomic and environmental emergency of galamsey and undermined by inconsistent enforcement and inadequate investment in child-sensitive services. Protecting the current and future generation requires a decisive, 24 | P a g e
multi-sectoral response that prioritizes removing children from hazardous labour, ensuring their educational continuity, strengthening child protection systems, and eradicating persistent harmful practices. 2.15. Persons with disabilities 110. In meetings with the Ministry of Gender, Children and Social Protection, CSOs, and the CHRAJ, the Delegation was informed of profound and systemic gaps in the protection and promotion of the rights of persons with disabilities (PWDs). Despite the existence of the progressive Persons with Disabilities Act (Act 715) of 2006, a vast implementation chasm separates legal provisions from lived reality, leaving PWDs as one of the most marginalized and excluded groups in Ghanaian society. 111. The most visible and symbolic failure is the widespread inaccessibility of the physical environment. The Delegation itself witnessed this starkly when an attendee at the meeting with the Ministry of Gender had to be physically carried into the venue in their wheelchair, as the building lacked a functional ramp. This incident encapsulates the daily experience of PWDs who face barriers in accessing public buildings, transportation, schools, and healthcare facilities, effectively denying them the right to participate in public life, education, and work on an equal basis. 112. Stakeholders, including advocacy groups, reported that PWDs are subject to intense social stigma and discrimination, described as "the most stigmatized and discriminated group" in the country. This prejudice manifests in social exclusion, barriers to employment, and limited access to justice. Furthermore, there is a critical lack of comprehensive data on children and adults with disabilities, which hinders effective policy planning and the allocation of targeted resources for education, healthcare, and social services. 113. While the Ministry outlined plans to improve accessibility and renovate facilities, these initiatives were described as piecemeal and under-resourced. There is no statutorily established national institution with a dedicated budget and mandate to vigorously advocate for PWDs, monitor the implementation of Act 715, and receive and address complaints. This institutional vacuum weakens accountability and consistent policy action. 114. The Delegation also noted the non-ratification of the Protocol to the African Charter on the Rights of Persons with Disabilities, which represents a missed opportunity to reinforce domestic law with regional accountability and a comprehensive rights-based framework. 115. In conclusion, Ghana’s legal commitment to disability rights, as enshrined in Act 715, is rendered largely inoperative by a visible failure of enforcement, pervasive physical and social barriers, and the absence of a strong independent institution to champion inclusion. Ensuring the rights of PWDs requires urgent, 25 | P a g e
prioritized action to mandate and fund universal accessibility, launch nationwide de-stigmatization campaigns, collect disaggregated data, and establish a well-resourced statutory body to transform legal promise into tangible inclusion. 2.16. 116. Older persons The Delegation’s discussions with the Ministry of Gender, Children and Social Protection, the MDAs, and CSOs highlighted that older persons in Ghana, particularly older women, face unique and severe human rights challenges, exacerbated by the absence of a dedicated legal framework and protective institutional architecture. 117. A paramount concern is the persistent and violent practice of witchcraft accusations against older women, predominantly in the northern regions. Victims are often ostracized, subjected to physical violence, and banished to socalled witch camps, where they live in segregated communities without adequate access to healthcare, nutrition, or security. The failure to pass the Anti Witchcraft Bill, which would specifically criminalize such accusations and provide for the protection and reintegration of victims, demonstrates a critical lack of political will to address this form of age and gender-based persecution. 118. The Delegation noted that, beyond this extreme abuse, older persons generally contend with inadequate social protection. While the Livelihood Empowerment Against Poverty (LEAP) program provides some cash transfers, the coverage and amount are often insufficient to ensure a dignified standard of living, especially in the face of rising costs and healthcare needs. In addition, there is no comprehensive, rights-based national policy or law on ageing that guarantees entitlements to healthcare, long-term care, social security, and protection from abuse, aligning with the Protocol to the African Charter on the Rights of Older Persons in Africa, which has not been ratified by Ghana. 119. The institutional gap is acute. There is no statutory body, such as a National Council for the Aged, mandated to advocate for older persons’ rights, monitor their situation, and advise the Government on policy. This lack of a dedicated focal point within the State apparatus means their concerns are often marginalized in policy planning and budgeting. 120. The Delegation concluded that older persons in Ghana, and older women in particular, are rendered invisible and vulnerable by legal and institutional neglect. Their right to live in dignity and security is routinely violated by harmful traditional practices and systemic lack of support. Ratifying the Older Persons Protocol, enacting specific protective legislation, and establishing a mandated institution are essential first steps to uphold their rights and ensure they are valued members of society. 2.17. Indigenous Populations/Communities and Minorities 26 | P a g e
121. The Delegation acknowledged that Ghana is a multi-ethnic and multi-religious state with a rich diversity of communities. While no specific, recognized indigenous peoples within the context of international law were identified during the Mission, the Delegation focused its assessment on the situation of ethnic minorities and other distinct groups, with particularly alarming findings regarding sexual and gender minorities. 122. Concerning religious and ethnic minorities, the Delegation did not receive reports of systemic, State-sponsored discrimination. Groups such as the Hindu and Muslim communities were reported to freely practice their religion and participate in social and economic life. Ghana’s tradition of religious tolerance and coexistence is noted as a positive aspect of its social fabric. 123. However, the Delegation received deeply troubling and consistent testimony regarding the severe persecution and marginalization of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) persons. Civil society organizations reported a climate of intense fear, discrimination, and violence. UN partners confirmed this hostile environment and provided crucial context on the legal threat: the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021. While this Bill lapsed with the previous Parliament, UN agencies indicated it is anticipated to be reintroduced, either as a private member’s or executive-sponsored Bill. It was noted that this pending legislation, which proposes severe criminal penalties for LGBTI individuals and their advocates, sustains a climate of fear and, if enacted, would institutionalize discrimination in violation of the rights to dignity, privacy, freedom of expression, and association under the African Charter. 124. Stakeholders reported incidents of arbitrary arrest, blackmail, mob violence, and ostracization targeting LGBTI individuals, often with reported complicity or inaction by local authorities and traditional leaders. This systemic hostility forces individuals into hiding, impedes their access to healthcare—particularly vital for HIV prevention and treatment—and denies them equal protection under the law. 125. The Delegation concluded that while Ghana generally upholds the rights of many traditional minority groups, it is markedly failing in its obligation to protect sexual and gender minorities from discrimination and violence. The State’s tolerance of a hostile environment and the persistent threat of discriminatory legislation constitute a grave human rights concern. Upholding the African Charter’s principle of non-discrimination requires the state to protect all persons within its jurisdiction, to refrain from enacting laws that violate fundamental rights, and to actively ensure the safety and equality of LGBTI persons. 2.18. Extractive Industries and Environment 27 | P a g e
126. The Delegation’s engagements with the Ministry of Environment, Science and Technology, the Ministry of Lands and Natural Resources, the CHRAJ, CSOs, and the United Nations Country Team and Development Partners revealed that environmental governance and the extractive industries sector constitute the most severe, complex, and cross-cutting human rights crisis currently facing Ghana. The situation of widespread illegal mining, the aforementioned galamsey, has escalated beyond an environmental issue into a full-scale human rights emergency, with devastating multi-sectoral impacts, a fact corroborated by all major stakeholders. 127. The scale of environmental destruction is catastrophic and quantifiably severe. The UN reported that a 2024 study found dangerous levels of mercury in food sources. Consistent testimony confirmed that over 60% of water bodies in major mining regions are severely polluted or destroyed through the unregulated use of toxic chemicals. Fertile agricultural lands, particularly cocoa farms, which are crucial to the national economy and rural livelihoods, have been rendered barren. This represents a direct violation of the right to a satisfactory environment (Article 24 of the African Charter) and threatens the rights to food, water, and health for millions. 128. The public health consequences are dire and now documented. The Delegation received evidence of a reproductive health crisis. The State has failed to conduct and publish independent health impact assessments or provide emergency healthcare and clean water to these populations, abandoning them to the toxic consequences. This constitutes a clear violation of the right to health (Article 16). 129. Critically, the Delegation found that galamsey is sustained by high-level corruption, political complicity, and sophisticated networks. The UN meeting revealed that the practice involves foreign multinational corporations working with local artisanal miners and is enabled by rampant licensing by political cronies, creating "no-go areas" for enforcement. This collusion between economic interests, political actors, and compromised security forces has created a culture of impunity that paralyzes State response, making this a profound governance and rule of law crisis. 130. The human rights impacts are multifaceted and were detailed by UN agencies and other stakeholders: ➢ Child Rights: UNICEF highlighted child labour in mining and fisheries as a major emerging issue, noting the specific health impacts and injuries to children, beyond the documented surge in school dropouts. Additionally, the education crisis stemming from environmental destruction—such as water contamination and displacement—has further reduced school attendance, particularly in affected regions where entire school infrastructures have been abandoned. 28 | P a g e
➢ Women's Rights: UNFPA and others linked the crisis to increased risks of trafficking for sexual exploitation in mining zones. Furthermore, the breakdown of local governance and economic alternatives has intensified the vulnerability of women and girls, pushing some into survival-driven transactional sex or forced recruitment by informal networks operating around mining sites. ➢ Livelihoods & Security: The UN noted the creation of localized conflicts in the north related to land and resources, and described the economic drivers, stating that a year-long ban on small-scale mining became a major political issue in the last election, underscoring its entrenched nature. This political entrenchment, coupled with the complicity of traditional leaders and officials in licensing irregularities, has prevented meaningful enforcement of environmental and labour standards. As a result, entire water systems in at least two regions have been contaminated, creating a crisis of access to drinking water and aggravating inter-communal tensions over remaining clean sources. ➢ Environmental Health & Public Health Crisis: Beyond water contamination, mercury and cyanide used in informal gold processing have led to acute and chronic poisoning among mining communities. Health facilities in affected regions have reported rising cases of respiratory illnesses, skin diseases, and neurological disorders, with children and pregnant women being disproportionately affected. No dedicated health monitoring system exists for mining-affected populations. ➢ Governance & Rule of Law: The Speaker of Parliament expressly admitted that serious governance issues exist within the extractive sector. These include the complicity of politicians in high places, the active involvement of traditional leaders in irregular mining operations, and systemic failures in the issuance and oversight of mining licenses. These gaps in Article 21 of the African Charter undermine rights under Article 24 of the Charter, creating a regulatory vacuum that perpetuates environmental disasters. No institution has effectively enforced compliance with health, child labour, revenue transparency, or access requirements. ➢ Economic & Fiscal Impacts: The State loses substantial revenue through unregulated gold extraction and smuggling. This deprives public services, including education, healthcare, and water infrastructure, of critical funding. Meanwhile, foreign-backed informal operations often operate without contributing taxes or royalties, while local communities bear the environmental and social costs. The crisis thus reflects not only an environmental emergency but also a profound failure of fiscal governance and resource distribution. ➢ Trafficking & Organized Crime: Mining zones have become hotspots for organized criminal networks involved in human trafficking, forced labour, and sexual exploitation. Women and girls are sometimes transported across regions under false promises of 29 | P a g e
employment in mining towns, only to be coerced into exploitation. Children have also been trafficked into mining labour. The absence of effective law enforcement in these areas allows such networks to operate with near-impunity. ➢ Access to Justice & Remedies: Affected communities, including farmers whose lands have been destroyed, families whose water sources are poisoned, and victims of forced labour or trafficking, face near-total barriers to legal redress. Corruption within local judicial and administrative systems, intimidation by mining operators, and the high cost of litigation prevent accountability. As a result, human rights violations in the extractive sector continue without consequence or remedy. ➢ Regional & Transboundary Dimensions: Part of the gold from informal and illegal mining enters regional and international supply chains, often laundered through legitimate refineries or trading hubs. This means that the human rights and environmental harms associated with galamsey are not purely domestic issues—they are sustained by demand and trade networks that extend beyond national borders. International due diligence mechanisms remain weak or unenforced. 131. While the Government has declared initiatives, UN partners indicated that efforts are stymied by the deep-rooted political economy of galamsey. The UN expressed caution regarding a declaration of a state of emergency, suggesting the creation of "security zones" as a potentially more targeted measure, but emphasized that any effective response must dismantle the underlying networks of corruption. 132. The Delegation concluded that the galamsey crisis represents a systemic and willful failure of the State to fulfil its core obligations to protect, respect, and fulfil human rights. It is the most glaring example of the intersection between environmental degradation, corruption, and the violation of a wide spectrum of rights. Addressing it requires not just technical measures, but a fundamental, politically courageous commitment to dismantling criminal networks, ending impunity at all levels, and prioritizing human rights and public health over illicit profit. 30 | P a g e
3.0 RECOMMENDATIONS 133. Before turning to its recommendations, the Delegation wishes to acknowledge a significant development since the mission. In fulfilment of an undertaking made during the debriefing with the Minister for Foreign Affairs, Ghana signed the AUCEVAWG shortly after the Delegation's departure. This swift action demonstrates commendable political will and constitutes a significant milestone in the country's commitment to combating gender-based violence. The Delegation encourages the Government to sustain this momentum by pursuing speedy ratification and domestic implementation of the instrument. 134. Based on the findings of the Delegation, the Commission calls on the Government of Ghana to adopt the following recommendations to enhance the promotion and protection of human and peoples' rights in the country Legislative and Other Measures to Implement the Provisions of the African Charter i. ii. iii. iv. Submit All Overdue State Reports: The Delegation acknowledges the update provided by the Minister for Gender, Children, and Social Protection that the Initial Report under the Maputo Protocol has been completed and is now awaiting the finalization of Part A of the Periodic Report under Article 62 of the African Charter by the Attorney General's Office. The Delegation encourages the Government to expedite this process and ensure the outstanding reports are submitted without further delay, in fulfilment of the commitment made during the Mission. This should be done through a participatory process that includes civil society, with the clear aim of completion by the end of 2025 as pledged. Enact legislation to establish a permanent, legally mandated interministerial committee for State reporting and follow-up on treaty obligations, ensuring it is adequately resourced and insulated from political changes. Ratify Outstanding Instruments: Prioritize and complete the ratification of all outstanding African Union human rights instruments, particularly the:  Protocol to the African Charter on the Rights of Older Persons in Africa;  Protocol to the African Charter on the Rights of Persons with Disabilities in Africa;  Protocol to the African Charter on Human and Peoples’ Rights on the Rights to Social Protection and Social Security;  African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention);  African Union Convention on the Elimination of Violence Against Women and Girls. Enhance Institutional Capacity & Independence: Provide the CHRAJ with full financial autonomy, as per Constitutional guarantees, including through compliance with Supreme Court rulings on budgetary ceilings, to enable it to execute its expansive triple mandate effectively. 31 | P a g e
The Right to Life i. ii. iii. iv. v. vi. Investigate and Provide Redress: Ensure that all allegations of unlawful killings, whether in the context of law enforcement operations, custody, or public disorder, are investigated promptly, impartially, and transparently, with perpetrators held accountable, and victims’ families provided with adequate compensation. Address Environmental Threats to Life: Urgently treat the public health crisis from galamsey as a threat to the right to life by immediately conducting independent health impact assessments in mining communities, providing emergency healthcare and clean water, and issuing public guidance on contaminated food and water sources. Total Abolition for All Crimes: Introduce legislation to remove the death penalty entirely from Ghana's legal framework, including for the offence of high treason under the 1992 Constitution and for military offences under the Armed Forces Act (Act 105). Commute Existing Death Sentences: Commute all remaining death sentences to terms of imprisonment, in line with the longstanding moratorium on executions observed since 1993. Eliminate Mandatory Death Penalty: Abolish the mandatory death penalty for any offence, thereby restoring judicial discretion to consider mitigating circumstances and individualised sentencing. Improve Conditions on Death Row: Pending total abolition, ensure that all persons on death row are afforded humane conditions of detention, access to legal representation, and meaningful avenues for appeal and clemency, in accordance with the Nelson Mandela Rules and the Commission's Robben Island Guidelines. The Prohibition and Prevention of Torture i. ii. iii. Enact Specific Legislation: Urgently pass a comprehensive law that explicitly criminalizes torture in accordance with the OPCAT and the Robben Island Guidelines, defining all elements of the crime and prescribing appropriate penalties. Formalize the NPM: Expedite the passage of pending legislation to formally designate CHRAJ as the NPM under OPCAT, ensuring it is granted the legal mandate, unhindered access, and dedicated resources to conduct regular, unannounced visits to all places of detention. Strengthen Oversight and Complaint Mechanisms: Ensure that the planned Independent Police Complaint Committee is operational by January 2026 as committed, and that it, alongside internal police oversight bodies, provides transparent, accessible, and effective avenues for investigating all allegations of ill-treatment by security forces. Prisons, Conditions of Detention, and Policing 32 | P a g e
i. ii. iii. iv. v. vi. vii. Decongest Prisons through Legislative Reform: Prioritize and expedite the passage and implementation of the Community Sentencing Bill to provide courts with robust, rights-based alternatives to incarceration for petty and non-violent offences, as a primary strategy to address the severe overcrowding witnessed at facilities such as Nsawam Medium Security Prison. Standardize and Expand Rehabilitation Nationwide: Institutionalize the model rehabilitation programs observed at Nsawam Prison—including access to formal education up to the tertiary level, vocational training, computer literacy, and comprehensive healthcare under the NHIS—across all detention facilities in Ghana, ensuring consistent application of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Improve Infrastructure and Basic Conditions: Urgently invest in improving hygiene, ventilation, sleeping quarters, and perimeter security in all prisons to meet basic health and safety standards, addressing the critical infrastructure deficits that contribute to inhumane conditions. Ensure Independent Police Oversight: Operationalize the Independent Police Complaint Committee by January 2026 as committed, ensuring it is fully resourced, structurally independent, transparent, and empowered to conduct credible investigations into all allegations of police misconduct, brutality, and excessive use of force. Mandate Comprehensive Human Rights Training: Institute mandatory, continuous, and standardized training for all police and prison officers on human rights standards, the lawful use of force, de-escalation techniques, the Nelson Mandela Rules, the Commission Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda Guidelines) and the proper management of public assemblies, with training as a prerequisite for promotion. Protect Vulnerable Detainees: Implement policies to ensure that infants are not separated from their incarcerated mothers, a positive practice which was witnessed at the Female Nsawam Prison before the completion of trial, in line with the presumption of innocence and the best interests of the child. Ensure consistent and adequate provision of sanitary products and gendersensitive healthcare for all women in detention. Strengthen Independent Monitoring: Facilitate and resource regular, unannounced monitoring visits to all places of detention by CHRAJ (as the NPM) and accredited CSOs to ensure ongoing external oversight of conditions and treatment. Access to Justice and the Rule of Law i. Reform Legal Aid: Review and strengthen the Legal Aid System to ensure fair remuneration for lawyers and guarantee that indigent persons, including foreign nationals, have access to effective and diligent legal representation at all stages of judicial proceedings. 33 | P a g e
ii. iii. iv. Limit Pre-Trial Detention: Enforce the right to bail as the rule, ensuring that remand detention is used only as an exceptional measure where strictly necessary and justified, and implement strict maximum time limits for different stages of trials to reduce prolonged pre-trial detention, as observed in the severe overcrowding at Nsawam Prison. Enhance Judicial Independence and Capacity: Safeguard the financial and administrative autonomy of the judiciary, ensure transparent and meritbased processes for judicial appointments, and support continued judicial education on regional and international human rights jurisprudence. Improve Public Access to Justice: Strengthen the implementation of the Right to Information Act (2019) to ensure transparent and timely access to public records, and enhance public legal education to empower citizens, particularly regarding the justiciability of economic, social, and cultural rights. Freedom of Expression and Access to Information i. ii. iii. Uphold Peaceful Assembly: Ensure the Public Order Act is applied in a manner that is proportionate, non-discriminatory, and facilitative of the right to peaceful assembly, including for protests organized via social media, and refrain from using excessive force against demonstrators. Promote Media Pluralism and Protection: Encourage balanced media coverage and equitable access for diverse political voices, protect journalists from harassment and intimidation, and support specialized training for journalists to enhance responsible and investigative reporting, as recommended by development partners. Combat Discrimination in Public Discourse: Publicly condemn and take effective measures to protect LGBTI persons and other minorities from discrimination, violence, and incitement to hatred, and refrain from enacting or advancing legislation that criminalizes consensual same-sex conduct or advocacy. Civil Society Human Rights Defenders i. ii. iii. Create an Enabling Environment: Adopt and implement a specific policy framework for the protection of human rights defenders, ensure CSOs can operate free from undue interference or intimidation, and establish systematic channels for their meaningful participation in policy development and monitoring. Ensure Sustainable Funding: Allocate transparent and predictable State funding to support the core work of civil society, particularly smaller and community-based organisations, while fully respecting their operational independence. Utilize CSO Expertise: Formally utilize the Alternative Report prepared by the CSO coalition and their evidence-based research to inform the overdue 34 | P a g e
State Report to the African Commission and all relevant national policymaking processes. Refugees, Asylum Seekers, Migrants, and IDPs i. ii. iii. iv. v. vi. vii. Domesticate the Refugee Convention: Expedite domestication of the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol into national law to establish a clear, rights-based national asylum framework for the fair and efficient processing of claims. Protect Migrant Workers: Strengthen monitoring and enforcement of labour laws in sectors employing migrant workers, such as construction and domestic work, to prevent exploitation, non-payment of wages, confiscation of documents, and dangerous working conditions, and ensure accessible complaint mechanisms. Combat Trafficking and Support Victims: Reinforce the implementation of anti-trafficking laws, ensure the identification and protection of victims, particularly women and children trafficked for sexual exploitation or labour in mining areas, and provide them with adequate shelter, legal aid, and rehabilitation services. Ratify the Kampala Convention and develop a national legal and policy framework on internal displacement, including provisions for the prevention of arbitrary displacement, protection of IDPs, and durable solutions. Conduct a national mapping exercise to identify, register, and quantify IDPs, disaggregating data by age, gender, disability, and cause of displacement (environmental, conflict, or persecution-based). Designate a lead coordinating agency for IDP protection and assistance, ensuring IDPs have access to emergency aid, healthcare, documentation, legal aid, and remedies for lost property or livelihoods. Recognize witchcraft banishment as a form of internal displacement and implement a strategy to close "witch camps," prevent future banishments, and reintegrate affected women and older persons into safe, dignified community living. The right to participate freely in Government i. ii. Implement the Affirmative Action Act: Enforce the Affirmative Action (Gender Equality) Act by establishing its mandated implementing authority and adopting mandatory quotas or measurable targets to achieve, at a minimum, 30% representation of women in Parliament, the Cabinet, and local government. Ensure Electoral Fairness: Guarantee equitable access to State media and voter information for all political parties. With regard to the Public Order Act, the Delegation encourages the Government to review its application to ensure it does not unduly restrict the right to peaceful assembly, in line with Ghana's regional and international human rights commitments. 35 | P a g e
iii. Enhance Youth Participation: Develop and implement targeted policies and platforms to increase the meaningful participation of youth in political decision-making processes at all levels. The right to employment i. ii. iii. Address Youth Unemployment: Develop and fund a national strategy with concrete programs to create sustainable employment opportunities for youth, focusing on skills development aligned with market needs and support for entrepreneurship. Protect Informal and Vulnerable Workers: Design and implement a National Action Plan to address the plight of Kayayei, focusing on creating economic alternatives in their regions of origin, providing social support and shelter in urban centers, and protecting them from exploitation and violence. Enforce Labour Standards: Increase the frequency and reach of labour inspections, particularly in high-risk sectors like mining, construction, and tourism, to ensure compliance with safety regulations and the right to just and favourable conditions of work for all The Right to Health i. ii. iii. Respond to the Galamsey Health Emergency: Immediately deploy mobile clinics and public health teams to mining-affected communities to conduct screenings, provide treatment for conditions linked to heavy metal poisoning, distribute clean water, and issue nationwide public health advisories. Scale Up Specialized Healthcare: Increase funding and capacity to address the backlog of obstetric fistula cases and to provide comprehensive, stigmafree sexual and reproductive health services, including for adolescents, key populations, and people living with HIV. Integrate Mental Health Services: Strengthen the implementation of the Mental Health Act (2012) by ensuring the availability of community-based mental health services and integrating psychosocial support into primary healthcare and social protection programs. The Right to Education i. ii. Combat the Galamsey-Induced Dropout Crisis: Launch an emergency scholarship and school rehabilitation program in mining-affected communities to reintegrate children into the education system, address the root causes of dropout, and rescue children from hazardous labour. Ensure Inclusive and Quality Education: Strengthen the implementation of inclusive education policies for children with disabilities, including the provision of specialized equipment, trained staff, and accessible infrastructure, and address regional disparities in resource allocation and educational quality. 36 | P a g e
iii. iv. Expand Educational Rehabilitation in Detention: Ensure that the access to formal education and vocational training observed at Nsawam Prison is standardized and available in all juvenile and adult detention facilities as a core component of rehabilitation. Integrate Human Rights and Life Skills: Incorporate comprehensive human rights education, including on the African Charter, and ageappropriate sexual and reproductive health education into national curricula at all levels. The Rights of Women i. ii. iii. iv. Urgently address the operationalization of Shelters: As a matter of utmost urgency, allocate, release, and disburse dedicated funds to operationalize the network of State-funded shelters stipulated by law for survivors of genderbased violence and for women exiting detention. These shelters must be fully staffed, secure, and accessible nationwide to provide immediate safe refuge. Launch a National Campaign to Eradicate Harmful Practices with Prosecutions: Initiate a dedicated, high-profile law enforcement and justice initiative, in mandatory partnership with the National House of Chiefs and local leaders, to:  Investigate and prosecute perpetrators of the Trokosi system, treating it as a contemporary form of slavery and trafficking.  Investigate and prosecute instigators of violent witchcraft accusations, ensuring the passage and enforcement of the Anti-Witchcraft Bill.  Enhance border monitoring to prevent and prosecute cross-border FGM.  Concurrently, fund comprehensive liberation, rehabilitation, psychosocial, and economic reintegration programs for all affected women and girls. Enforce Political and Economic Equality with Mandatory Measures: Move beyond policy to enforceable action by:  Establishing the mandated implementing authority for the Affirmative Action (Gender Equality) Act and setting legally binding quotas and timelines to achieve, at a minimum, 30% representation of women in Parliament, the Cabinet, and on public boards.  Designing and funding a National Action Plan to Address the Plight of Kayayei, focusing on creating viable economic alternatives in the northern regions, providing safe shelters and social services in urban centres, and protecting them from exploitation and trafficking.  Enforcing labour laws to protect women in the informal sector and migrant domestic workers from exploitation, and ensuring they are covered by social protection schemes. Address the Gendered Impact of National Crises: Integrate a gender lens into all responses to the galamsey and public health crises by:  Prioritizing women's sexual and reproductive health services in miningaffected communities, including screening and treatment for heavy metal poisoning. 37 | P a g e
v.  Conducting and publishing **gender-disaggregated health impact assessments.  Ensuring targeted mental health and psychosocial support for women traumatized by violence, stigma, or displacement. Combat HIV-Related Stigma and Ensure Healthcare Access: Launch a government-led national campaign to counter the severe stigma facing women living with HIV, and guarantee their stigma-free access to treatment, support services, and protection from discrimination in healthcare, employment, and community life. The Rights of Children i. ii. iii. Enforce Child Protection in Crisis Zones: Prioritize and resource child protection units within mining-affected communities to identify, remove, and rehabilitate children engaged in hazardous labour, and to combat child trafficking and sexual exploitation. Reform Juvenile Justice: Shift from a punitive to a rehabilitative approach for children in conflict with the law, ensuring access to diversion programs, childsensitive justice procedures, and educational/reintegration services in all regions. Address Data and Service Gaps: Systematically collect and publish disaggregated data on children with disabilities, children in street situations, and those affected by exploitation to inform targeted policy and allocate adequate resources for their care and development. The Rights of Persons with Disabilities i. ii. Enforce Accessibility and Inclusion: Mandate and fund a national audit and plan for making all public buildings, transportation, and information services fully accessible, applying strict sanctions, including "naming and shaming" and financial penalties, for non-compliance. Establish a Statutory Advocacy Body: Enact legislation to re-establish a powerful, independent national council for persons with disabilities with a mandate to monitor rights implementation, advise the government, receive complaints, and control a dedicated budget. The Rights of Older Persons i. ii. Enact a Legal Framework: Urgently adopt a comprehensive law on the rights of older persons, to guarantee their rights to social protection, healthcare, freedom from abuse, and legal capacity, and to criminalize witchcraft accusations and abandonment. Provide Protective Services: Fund and establish protective services and community-based support programs for older persons, including safe housing alternatives to "witch camps," healthcare, and livelihood support, to ensure they can live in dignity and security. 38 | P a g e
Indigenous populations/Communities and Minority Groups i. Continue to uphold and strengthen legal and policy frameworks that guarantee the protection of the rights of all minority groups, in line with its Constitutional and international human rights obligations. ii. In accordance with Resolution 275 on Protection against Violence and other Human Rights Violations against Persons based on their real or imputed Sexual Orientation or Gender Identity, take measures to end all acts of violence and abuse, committed by State or non-state actors, including by enacting and effectively applying appropriate laws prohibiting and punishing all forms of violence including those targeting persons based on their imputed or real sexual orientation or gender identities, ensure investigation and prosecution of perpetrators, and establish judicial procedures responsive to the needs of victims. Extractive Industries and Environment Extractive Industries Governance i. Launch a High-Level, Anti-Corruption Driven Response: Establish a timebound, high-level multi-dimensional/inter-ministerial task force with full CHRAJ participation and independent anti-corruption safeguards to dismantle the political and security networks enabling galamsey, prosecute kingpins (including complicit politicians and traditional leaders), and reclaim "no-go" areas. The task force should be empowered to investigate licensing irregularities, audit the issuance of mining permits, and publish all findings publicly. Traditional leaders found complicit in illegal mining should face legal consequences, including possible removal from customary roles where national law permits. ii. Formalize and Regulate Artisanal Mining with Rights-Based Standards: Develop and implement a national strategy for the formalization of responsible, small-scale mining, with strict environmental, safety, and labour standards, explicitly targeting youth and Kayayei to provide regulated, sustainable livelihoods. Formalization must include robust enforcement mechanisms for child labour prohibitions, health and safety requirements, and revenue transparency. Any formalization regime should be designed to prevent capture by the same political and criminal networks that currently drive illegal mining. iii. Overhaul the Mining Licensing and Compliance Regime: Create a single, independent Mining Compliance Authority (MCA) with a clear mandate to monitor, inspect, and sanction all mining operations (large and small). The MCA should publish annual compliance reports, operate a whistleblower protection mechanism, and include civil society and community representation on its oversight board. Licenses obtained through corruption 39 | P a g e
or political influence must be subject to automatic review and possible revocation. iv. Establish Accessible Grievance and Remedies Mechanisms for Affected Communities: Establish accessible grievance mechanisms for communities to seek redress for violations arising from extractive operations. These mechanisms must be free or low-cost, protected from retaliation, and supported by legal aid for affected farmers, women, and children. Create a Special Victims' Compensation and Remedies Fund, independently administered, financed by seized assets from prosecuted mining kingpins, corporate penalties, and a dedicated levy on licensed mining operations. v. Mandate Transparent Human Rights Impact Assessments for Extractive Projects: Mandate transparent, participatory human rights impact assessments (HRIAs) for all major extractive projects, with particular attention to child labour, trafficking risks, women's safety, and community livelihoods. Assessment findings must be made public, and projects may not proceed without approved mitigation plans. vi. Combat Trafficking for Sexual Exploitation in Mining Zones: Deploy specialized anti-trafficking units to mining hotspots, in coordination with UNFPA and CSOs. Establish safe houses and reintegration programs for women and girls rescued from sexual exploitation. Mining area health facilities should receive training and resources to identify trafficking victims and provide trauma-informed care. Local economic alternatives— such as regulated small-scale enterprises and skills training—must be created to reduce vulnerability. vii. Strengthen Child Labour Enforcement with Community-Based Monitoring: Deploy community child protection committees in all major mining areas, equipped with reporting hotlines, mobile inspection teams, and safe shelters for rescued children. UNICEF's findings on health impacts and injuries to child miners should be addressed through targeted health interventions, school re-enrollment drives, and cash transfer programs for families who remove children from mining work. viii. Establish Cross-Border Due Diligence and Supply Chain Oversight: Recognizing that gold from galamsey enters regional and international markets, the government should mandate traceability and certification for all gold exports, adopt the OECD Due Diligence Guidance for Responsible Supply Chains, and cooperate with neighboring countries and international partners to shut down laundering channels. Refineries and trading hubs that knowingly accept illicit gold should face sanctions and exclusion from national and regional markets. Environment 40 | P a g e
i. Implement Emergency Environmental and Livelihood Restoration: Launch a national land and water rehabilitation program to restore devastated farmlands and water bodies. In the two or more regions where entire water systems have been contaminated, prioritize emergency provision of clean drinking water alongside long-term purification and restoration efforts. Create an emergency fund for cocoa farmers and mining communities to provide immediate livelihood support and transition to sustainable alternatives. ii. Mandate Environmental Impact Assessments with Public Participation: Mandate transparent, participatory environmental impact assessments (EIAs) for all major development and extractive projects, with strict enforcement of mitigation requirements. Gap analyses under Article 21 of the African Charter have shown that weak EIAs contribute directly to environmental disasters under Article 24 of the African Charter; therefore, EIA reports must be subject to independent review and public comment before project approval. iii. Establish Environmental Health Monitoring in Affected Regions: Deploy environmental health surveillance systems in all mining-affected areas to track and treat mercury and cyanide poisoning, respiratory illnesses, skin diseases, and neurological disorders, especially among children and pregnant women. Health facilities should receive testing equipment, training, and treatment protocols for heavy metal toxicity. Quarterly public health reports should be published. iv. Declare a National Environmental Governance Crisis: Formally recognize that the galamsey crisis is a systemic failure of environmental governance. Such a declaration should trigger emergency powers for environmental remediation, unlock dedicated funding for water and land restoration, and mandate parliamentary oversight hearings every six months until measurable benchmarks—such as restoration of water systems in affected regions and measurable reduction in water contamination levels—are achieved. v. Establish Community-Based Environmental Grievance Mechanisms: Create accessible, low-cost mechanisms for communities to report environmental violations (water poisoning, land destruction, improper waste disposal) and seek remediation. These mechanisms should be protected from intimidation by mining operators and backed by the power to order temporary shutdowns of non-compliant operations. vi. Mandate Polluter-Pays Remediation and Bonding Requirements: Require all mining operations (including formalized small-scale mines) to post environmental bonds sufficient to cover full land and water remediation before receiving operating licenses. Funds from forfeited bonds of non-compliant operators should be directed to the Special Victims' Compensation and Remedies Fund (as referenced in recommendation IV under Extractive Industries Governance) for environmental restoration. 41 | P a g e
Implementation of Decisions on Communications i. The Commission has finalized several communications submitted against the Republic of Ghana. Notable among these is Communication 103/93: Alhassan Abubakar v. Ghana, in which the Commission found violations of Articles 6 (right to liberty) and 7(1)(d) (right to be tried within a reasonable time) of the African Charter. The communication concerned the arrest and detention of the complainant for seven years without charge or trial, following his alleged cooperation with political dissidents. The decision, adopted at the 20th Ordinary Session held in Grand Bay, Mauritius, in October 1996, urged the Government to take steps to repair the prejudice suffered by the victim. ii. The Commission looks forward to engaging with the Government of Ghana on the implementation of this and other decisions, as part of its ongoing followup mandate under Rule 125 of its Rules of Procedure 2020. To other stakeholders: In addition, the Commission calls on CSOs, the CHRAJ, development partners, and the United Nations Country Team to continue their vital efforts of supporting the promotion and protection of human rights in Ghana, and to provide all necessary support and collaboration to the Government in the implementation of these recommendations. 42 | P a g e

Created 19 de ago. de 2026 · Edited 19 de ago. de 2026